STATE v. FENDER

No. 36701.

158 N.W.2d 222 (1968)

183 Neb. 92

STATE of Nebraska, Appellee, v. Elwin M. FENDER, Appellant.

Supreme Court of Nebraska.

April 19, 1968.


Attorney(s) appearing for the Case

A. Q. Wolf, Public Defender, Lynn R. Carey, Jr., Asst. Public Defender, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., H. G. Hamilton, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


McCOWN, Justice.

The defendant, Elwin M. Fender, was found guilty of the crime of burglary by a jury. He was sentenced to a term of 6 years, and has appealed.

The first issue involved is the defendant's contention that the evidence is insufficient to support the verdict because it did not establish criminal intent except from conjecture. This contention rests on the defendant's own testimony. The defendant admitted his participation in the burglary. He testified...

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